Kerala High Court
Padmaja S.Menon vs District Collector on 5 February, 2021
WP(C).No.29468 OF 2013(S) -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.29468 OF 2013(S)
PETITIONER/S:
PADMAJA S.MENON
W/O. P.SHREEKUMAR MENON, K.V.24, PANAMPILLY NAGAR,
KOCHI-36.
RESPONDENT/S:
1 DISTRICT COLLECTOR, ERNAKULAM
ERNAKULAM-682 011.
2 CORPORATION OF COCHIN
ERNAKULAM-682 011, REPRESENTED BY ITS SECRETARY.
3 SECRETARY
CORPORATION OF COCHIN, ERNAKULAM-682 011.
4 KERALA WATER AUTHORITY
WATER AUTHORITY OFFICE, PUBLIC HEALTH DIVISION,
ERNAKULAM-682 016, REPRESENTED BY ITS EXECUTIVE
ENGINEER.
ADDL.5 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN,
PATTOM, THIRUVANANTHAPURAM -695 004.
ADDL.6 GENERAL MANAGER
BHARATH SANCHAR NIGAM LIMITED, BSNL BHAVAN,
ERNAKULAM.
(ADDITIONAL RESPONDENTS 5 AND 6 ARE IMPLEADED AS
PER ORDER DATED 14.7.14 IN WPC 29468 OF 2013)
WP(C).No.29468 OF 2013(S) -2-
SRI. SURIN GEORGE IPE SR GP FOR R1,
SRI. BABU KARUKAPADATH, SC FOR R2 AND R3,
SRI.JOSPH JOHN SC FOR R4,
SRI. P.SANTHALINGAM (SR) FOR R5,
SRI. MATHEWS K PHILIP FOR R6
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29468 OF 2013(S) -3-
JUDGMENT
Dated this the 5th day of February, 2021
S. Manikumar, C. J.
Petitioner has sought for a mandamus, directing the respondents
from constructing and concreting a new drain in Panampilly Nagar,
without removing and relocating the water pipeline, and the cables
running thorough the new drain.
2. Petitioner has sought for a further direction, directing the
Secretary, Corporation of Cochin, Ernakulam and the Executive
Engineer, Kerala Water Authority, Water Authority Office, Public
Health Division, Ernakulam, the 3rd and 4th respondents respectively,
to remove the cables and water pipeline, running through the new
drain, and to relocate the same to a different location.
3. Short facts leading to filing of the instant Public Interest
Litigation are as hereunder:-
According to the petitioner, when the construction of a sewage
drain from M. G. Road in Cochin to the Thevara - Perandoor canal
was started, by pumping out the rain water that was collected in the
ditch, it was found that, several underground cables and water
pipelines were passing through the ditch, dug up for constructing the
drain. Water pipeline carrying drinking water to the entire area, and
other cables, including High Tension lines of Electricity board, were
passing through the ditch.
Petitioner has submitted that, if concreting takes place, without
removing the cables and water pipelines, it would pose, not only great
danger to the community, but also would render the entire purpose of
constructing the drain otiose. Being aggrieved, instant Public Interest
Litigation is filed.
4. Material on record disposes that, pending disposal of the writ
petition, a Hon'ble Division Bench of this Court, has passed periodical
orders, as hereunder:.
On 29.11.2013, a Hon'ble Division Bench of this Court passed
the following order:-
"Admit. Government Pleader takes notice for the first
respondent. Advocate Sri. P. K. Soyuz takes notice for
respondents 2 and 3 and Standing Counsel Sri Joseph John takes
notice for the fourth respondent
2. Heard learned counsel for the petitioner. We have also
gone through the averments in the Writ Petition and also the
photographs produced along with the Writ Petition.
3. The respondent authorities are directed not to proceed
with the construction work so far as the site indicated at Exhibit
P1(a) photographs till the next date of hearing."
On 17.12.2013, a Hon'ble Division Bench of this Court passed
the following order:-
"Respondent authorities are permitted to proceed with the
construction of the new drain, except where the pipes and cables
are intercepting drainage lines. Meanwhile, the respondent
Corporation is directed to move the authorities concerned, that is
BSNL etc., to do the needful so on to other pipes and cables are
not obstructing the drainage line undertaken by the Corporation
in the present work."
On 14.07.2014, a Hon'ble Division Bench of this Court passed
the following order:-
"Having regard to the seriousness of the problem, on
account of monsoon, we are of the opinion, the Kerala State
Electricity Board, represented by its Secretary, Vydyuthi Bhavan,
Pattom, Thiruvananthapuram - 695 004 and General Manager,
Bharath Sanchar Nigam Limited, BSNL Bhavan, Ernakulam are
necessary parties to be impleaded. Hence both parties are suo
motu impleaded as additional respondents to this Writ Petition.
Registry is directed to amend the cause title accordingly.
2. Sri. S. Saran, Standing Counsel takes notice for Kerala
State Electricity Board and Sri. Premjith Nagendran, Standing
Counsel takes notice for BSNL authority."
On 04.08.2014, a Hon'ble Division Bench of this Court passed
the following order:-
"The Learned counsel for the Corporation submits that due
to non-removal of the cables and other pipes by the BSNL and
the KSEB, the work could not progress. In the order dated 11 th
June 2014 this Court observed that it would like to know the
progress made by the parties.
2. The learned counsel appearing on behalf of the BSNL as
well as Kerala State Electricity Board prayed for time to file
affidavit bringing on record the actions taken by them. It has
been submitted by the learned Counsel appearing foR the KSEB
that the money has been remitted by the Corporation which has
been received only two days back.
3. Learned counsel appearing for the applicants submitted
that the completion is being unnecessarily delayed causing great
hardship to residents. It is submitted that the time which was
earlier taken by the Corporation is already come to an end. But
no substantial progress has been made. The Corporation as well
as the learned counsel appearing for the BSNL is directed to file
an affidavit within ten days. List the matter after two weeks.
The presence of the Secretary, Corporation is dispense with
subject to any order passed subsequently."
On 21.08.2014, a Hon'ble Division Bench of this Court
passed the following order:-
"By order dated 4.8.2014, this Court had directed the
Cochin Corporation as well as counsel appearing for the BSNL to
file an affidavit to show the progress of the work carried on. It
was mentioned that the cables and pipe lines had not been shifted
by the KSEB and BSNL and other authorities. It is now
submitted by learned counsel appearing for KSEB, BSNL and
Kerala Water Authority that the cables and pipe lines have been
shifted and therefore there is no obstruction on the part of the
Corporation to carry on the construction activities of the drain.
Learned Standing Counsel for the Cochin Corporation submits
that they want atleast four months to complete the work.
2. This matter has been pending for quite a long time and
despite directions issued by this Court, there had been delay on
the part of the authorities to complete the work. The work was
expected to be completed by May. 2014. But, so far, on account
of various reasons, the same could not be completed. However,
having regard to the urgency of the situation and the nature of
work to be carried out, we direct the Corporation of Cochin to
complete the work on or before 31 st December 2014 and to report
compliance"
On 22.01.2015, a Hon'ble Division Bench of this Court passed
the following order:-
"Having regard to the fact that the issue regarding the
drainage is pending for a quite long time, we direct the
Corporation of Cochin to complete the work within a period of
three months from the date of receipt of this order, after making
necessary arrangements for protecting the cables and other
structures in that portion."
5. Perusal of the above, shows that, as regards the prayers
sought for in the writ petition, interim orders have already been
granted, directing the respondents to proceed with the construction,
and taking note of the same, we are of the view that, at this length of
time, there is nothing to proceed further.
Making the interim orders absolute, instant writ petition is
disposed of.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE JUDGMENT DTD.22.3.2013 IN
WA NO.1392/2012 AND CONNECTED CASES.
EXHIBIT P1(a) COPY OF THE PHOTOGRAPHS OF THE POSITION
OF THE DRAIN AS ON 27.11.2013.
EXHIBIT P2 COPY OF THE REPRESENTATION
DTD.27.11.2013 SUBMITTED TO THE 3RD
RESPONDENT.
EXHIBIT P3 COPY OF THE REPRESENTATION SUBMITTED TO
THE 4TH RESPONDENT DTD.27.11.2013.
